Under current law, generally, a first violation of operating a vehicle while under the influence of an intoxicant, with a detectable amount of a restricted controlled substance in one's blood, or with a prohibited alcohol concentration (OWI-related violation), is a traffic violation punishable by a civil forfeiture. Current law allows local units of government to enact ordinances in conformity with the state traffic law that punishes most first OWI-related offenses as a civil violation.

Under current law, a person who receives a citation for an OWI-related civil traffic violation or who receives a citation for an ordinance in conformity with the OWI-related traffic violation may opt to appear in court to plead not guilty to the violation or may opt to pay the forfeiture associated with the violation and avoid an appearance in court. Generally, a person who pays the forfeiture associated with the violation is considered to have pled guilty or no contest to the charge.

Under this bill, a person who receives a citation for an OWI-related civil traffic violation or who receives a citation for an ordinance in conformity therewith is required to appear in court to plead guilty, no contest, or not guilty to the charge.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

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66.0114 (1) (b) 1. Local ordinances, except as provided in this paragraph or ss. 4345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any 5or all violations under those ordinances, may designate the manner in which the 6stipulation is to be made, and may fix the penalty to be paid. WhenExcept as 7provided in subd. 2., when a person charged with a violation for which stipulation 8of guilt or no contest is authorized makes a timely stipulation and pays the required 9penalty, plus costs, fees, and surcharges imposed under ch. 814, to the designated 10official, the person need not appear in court and no witness fees or other additional 11costs, fees, or surcharges may be imposed under ch. 814 unless the local ordinance 12so provides. A court appearance is required for a violation of a local ordinance in 13conformity with s. 346.63 (1).

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2. 66.0114 (1) (b) 2. of the statutes is created to read:

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66.0114 (1) (b) 2. A person who is charged with a violation of a local ordinance 16in conformity with s. 346.63 (1) or (5) shall appear, in person, in court to plead guilty, 17no contest, or not guilty.

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3. 345.26 (1) (b) 3. of the statutes is created to read:

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345.26 (1) (b) 3. Subdivision 1. does not apply to a person who is charged with 20a violation of s. 346.63 (1) or (5) or a local ordinance in conformity therewith and who 1is required to appear in person pursuant to s. 66.0114 (1) (b) 2., 800.035 (5) (a), or 2967.055 (2m).

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800.035 (5) (a) If a defendant is charged with a violation of an ordinance in 5conformity with s. 346.63 (1) or (5), the municipality mayshall, by ordinance, require 6the defendant to appear in person before the court.

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967.055 (2m)Personal appearance in court. A person who is charged with a 9civil violation of s. 346.63 (1) or (5) or a local ordinance in conformity therewith shall 10appear in person in court to enter a plea of guilty, no contest, or not guilty to the 11charge. In this subsection, "court" may mean a circuit court or a municipal court.